Tag Archives: responsible person

NFA Applications: Post 41P CLEO Notification

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NOTE: This is going to be a quick one, but I intend to expand on it by turning it into a catch-all list of CLEO contact information for every County in Texas, as I wasn’t able to easily find it when searching.

Since ATF rule 41P went into effect, not only are you not able to do Form 1s for a Trust online, but you now have to complete fingerprinting and provide a photograph just as if you were completing for an individual, additionally, each responsible person in your Trust needs to complete a Form 5320.23 with their own fingerprinting and photograph.  The applicant (and each responsible person if applicable) is now required to perform CLEO notification, as well.

If there’s one positive to come out of this, it’s that the CLEO notification requirement is now simply “notification” and no longer requires a sign off.  How this works is- you simply copy your completed Form 1 / 4 / 5 prior to submission, and mail to your “Chief of Police, Sheriff, Head of State Police, or State or local district attorney or prosecutor.”  In practice, the County Sheriff is usually the go-to on this.  Previously, depending on where you live, you may have had to dance around to see which would sign off for you the easiest (if at all), and in the case of a trust with multiple responsible persons, that would have potentially been prohibitive by regulation- hence the easing it by only requiring notification.

Unfortunately, as anyone who follows how ATF regulations goes, there isn’t a clear mechanism for determining this notification.  The ATF put out an open letter to law enforcement letting them know, but there’s no legal guidelines for retention, thus no way to prove you’re in compliance if they don’t keep your records.  Additionally, I know for myself, and I’m sure many others, I’d prefer local LE to not keep a registry of this, and in-fact man state laws prohibit this.  So, for your own legal safety, BE SURE you send that CLEO notification registered mail, and retain the receipt of it with your records.  Only you can CY(own)A.

Edit: Due to elections in Novemember, the Texas CLEO contact list by county may have gotten out of date, I’ll need to confirm that the contact information is good before reposting.